N.Lalu vs Manju
2021 Latest Caselaw 18168 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                          CON.CASE(C) NO. 2230 OF 2016
     AGAINST THE JUDGMENT IN WPC 14780/2016 OF HIGH COURT OF KERALA,
                                    ERNAKULAM
PETITIONER:

               N.LALU
               AGED 59 YEARS
               S/O.NARAYANAN, NEDUMPARAMBIL, PARAYAKKAD P.O.,
               THURAVOOR, CHERTHALA, ALAPPUZHA DISTRICT - 688 340.
               BY ADVS.
               SRI.A.A.ZIYAD RAHMAN
               SRI.JOSEPH KURIAN VALLAMATTAM
               SRI.LAL K.JOSEPH
               SRI.V.S.SHIRAZ BAVA


RESPONDENTS:

       1       MANJU
               SECRETARY, PARAYAKKAD COIR VYAVASAYA CO-OPERATIVE
               SOCIETY LTD. NO.559, PARAYAKKAD P.O., THURAVOOR,
               CHERTHALA,   ALAPPUZHA DISTRICT - 687 016.
       2       MOHANAN
               PRESIDENT, PARAYAKKAD COIR VYAVASAYA CO-OPERATIVE
               SOCIETY LTD. NO.559, PARAYAKKAD P.O., THURAVOOR,
               CHERTHALA, ALAPPUZHA DISTRICT - 687 016.
BY
               BY SMT.P.I.SHAMLATH FOR RESPONDENTS


        THIS   CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.2230 of 2016                 2

IN WP(C).14780/2016




                                 JUDGMENT

Dated this the 3rd day of September,2021

This contempt petition is filed by the petitioner complaining that the

directives contained in the judgment in W.P.(C) No.14780 of 2016 dated 11 th

October, 2016 are not complied with.

2. In spite of several postings, the amount due to the contempt

petitioner has not been paid in accordance with the directions contained in the

judgment. Therefore, on 13th August, 2021, this Court directed the respondent

to pay the amount, failing which, the Secretary was directed to be present

before this Court.

3. Today when the matter was taken up, learned counsel for petitioner,

submitted that the entire amount due to the petitioner is paid. Learned

counsel for petitioner also submitted that the payments were effected after

deducting an amount of Rs.41,703/-, which was due to the respondent from

the petitioner. This is recorded to avoid any complexity in the matter

4. In that view of the matter, even though there was delay in complying

with the directions, I do not propose to proceed in the contempt in view of the

present emergent situation of COVID-19 pandemic. The contempt petition is

closed accordingly.

Sd/-

                                                   SHAJI P.CHALY

smv                                                     JUDGE


IN WP(C).14780/2016




                                   APPENDIX

PETITIONER'S ANNEXURES

ANNEXURE-A1    : CERTIFIED COPY OF THE JUDGMENT DATED 11.8.2016
IN W.P.(C) NO.14780/2016.

ANNEXURE-A2           :TRUE COPY OF THE NOTICE DATED 22.8.2016.

ANNEXURE-A3    :TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE
DISPATCH OF NOTICE

ANNEXURE-A3(a) :TRUE COPY OF THE COMMUNICATION DATED 31.1.2014 ISSUED BY THE RESPONDENT

ANNEXURE-A4 :TRUE COPY OF THE COMMUNICATION DATED 9.9.2016 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE-A5 :TRUE COPY OF THE PASS BOOK ACCOUNT NO.267 IN THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD.

ANNEXURE-A6 :TRUE COPY OF THE AUDIT REPORT

ANNEXURE-A7 SERIES :TRUE COPY OF THE RECEIPTS ISSUED BY THE SOCIETY.

IN WP(C).14780/2016

APPENDIX

PETITIONER'S ANNEXURES

ANNEXURE-A1 - TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.C NO.25410 DATED 5.7.2017.

ANNEXURE-A2 - TRUE COPY OF THE LETTER INTIMATING DATED 22.08.2017.

ANNEXURE-A3 - TRUE COPY OF THE LETTER DATED 22.08.2017.

ANNEXURE-A4 - TRUE COPY OF THE RECEIPTS.